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(영문) 광주지방법원 2020.01.15 2018나6392
소유권이전등기 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for an additional determination as to the defendant's additional proposal made in the court of first instance as set forth in the following two. Thus, it is acceptable to accept

2. The defendant asserts to the purport that the market price of the instant real estate recognized by the first instance court is unjust as it is based on the appraisal result of the first instance appraiser conducted without properly investigating the instant real estate.

Therefore, the appraiser's appraisal result should be respected unless there are significant errors such as the appraisal method, etc. against the rule of experience or unreasonable.

(see, e.g., Supreme Court Decision 2010Da93790, Nov. 29, 2012). According to the purport of the entire pleadings, in particular, the phrase “I. 7 on-site investigation, implementation period, and content” (record 128 pages) among the appraisal reports prepared by the first instance court appraiser (G), the said appraiser appears to have appraised the instant real estate subject to on-site investigation prescribed in Article 10(1) of the Rules on the Appraisal and Evaluation, and otherwise, the result of the appraisal by the first instance appraiser cannot be deemed to be contrary to or unreasonable in light of Article 10(1) of the Rules on the Appraisal and Evaluation or the empirical rule.

Therefore, it is difficult to accept the Defendant’s argument on a different premise.

3. As such, the plaintiff's claim of this case is justified within the scope of the above recognition and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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